FEDERAL COMMUN ICATIONS COMMISSION WASHINGTON OFFICE OF THE CHAIRMAN June 24, 2015 The Honorable Elijah E. Cummings Ranking Member Committee on Oversight and Government Reform U.S. House of Representatives 2157 Rayburn House Office Building Washington, D.C. 20515 Dear Congressman Cummings: On April 23, 2015, the Government Accountability Office (GAO) issued a report entitled Telecommunications: FCC Should Evaluate the Efficiency and Effectiveness of the Lifeline Program (GAO- 15-335) ("Report" or "GAO Report"). The GAO Report examined: 1) the extent to which the Commission evaluated Lifeline program effectiveness; 2) reforms the Commission adopted in its 2012 Lifeline Reform Order, including the status of these reforms; 3) implementation ofthe Low-Income Broadband Pilot Program (Pilot Program); and 4) challenges faced by participants in the Lifeline program. This Report provided important feedback on the Lifeline program, and we have incorporated many ofthe questions raised in the Report in the Lifeline item that we adopted last week. We agree with GAO on the importance of evaluating whether the Lifeline program is achieving its goals.' In the 2015 Lifeline FNPRM & Order adopted by the Commission last week, we took steps that will help us evaluate the effectiveness ofthe Lifeline program. The Commission sought comment, for example, on ways the program could improve the affordability of voice and broadband as well as increase adoption of those services.' The Commission also sought comment on whether it should consider other measurements that will assist in an ongoing evaluation of the program in addition to the measurements established by the Commission in 2012 in the Lifeline Reform Order.' To more specifically address GAO's recommendation, the Commission sought comment on how it can best evaluate the Lifeline program and the extent to which the program has achieved the program goals." The 2015 Lifeline FNPRM & Order also addressed the reforms highlighted by GAO which had not yet been fully realized and the challenges faced by subscribers and providers participating in the Lifeline program. We are pleased that the Commission's previous reforms have taken hold and resulted in a 1 See Lifeline and Link Up Reform and Modernization et al., we Docket No. 11-42 et al., Report and Order and Further Notice of Proposed Rulemaking, 27 FCC Red 6656, 6670-77, paras. 24-43 (2012) (Lifeline Reform Order). (adopting as the goals of the program ensuring availability of voice, ensuring availability of broadband, and minimizing the contribution burden on consumers and businesses). 2 See Lifeline and Link Up Reform and Modernization et al., we Docket No. 11-42 et aI., Second FurtherNotice of Proposed Rulemaking, Order on Reconsideration, Second Report and Order, and Memorandum Opinion and Order, FCC 15-71,paras. 37-51 (2015 Lifeline FNPRM & Order). 3 Jd. at para. 157. 41d. Page 2-The Honorable Elijah E. Cummings sustained, accountable program, but agree with GAO that the Commission's work is not complete. As a result, the Commission took further steps to continue implementation of the four reforms highlighted by the GAO. For example, the Commission has proposed to establish a permanent support amount of $9.25 for the program.' Likewise, to streamline the Lifeline eligibility process and properly align incentives with the goals of the program, the Commission sought comment on a variety of options to remove the responsibility of conducting the eligibility determination from the providers." Last month, the Wireline Competition Bureau ("Bureau") released the Low Income Broadband Pilot Program Staff Report, which serves as a reference document to complement the full release of subscriber data collected by providers during the Pilot Program.' The GAO report states that the Commission did not conduct a needs assessment or develop implementation and evaluation plans prior to establishing the Pilot Program. The Bureau did issue a Public Notice setting forth application criteria and procedures for pilot program applications and explained how it would favor pilot projects designed as field experiments, and included detailed surveys that would be completed during the course ofthe pilot." In selecting the pilot projects, Commission staff struck a balance between allowing providers enough flexibility in the design of the pilots and ensuring the structure of each project would result in data that would be statistically and economically relevant. In the 2015 Lifeline FNPRM & Order, we sought comment on the data and how the data should inform Commission policy-making as we move forward with modernizing the Lifeline program. Finally, the GAO report notes challenges faced by subscribers enrolling in the program and retaining benefits over time, as well as challenges faced by providers participating in the Lifeline program. For example, many providers were prohibited from retaining copies ofthe documentation that applicants provide to verify eligibility. The Commission's recent action both permits and requires eligible telecommunications carriers to retain documentation demonstrating subscriber eligibility." Moreover, the Commission proposed a number of additional ways to increase the efficient administration ofthe Lifeline program and measures to enhance consumer protections and ease of participation in the program for both consumers and providers.'? We recognize that the Lifeline program must continue to evolve to reflect the realities of the 21 st Century communications marketplace in a way that ensures both the beneficiaries of the program, as well as those who pay into the universal service fund. SId at paras. 52-3.1 6Id at paras. 64-91. 7 See Low-Income Broadband Pilot Program Staff Report, WC Docket No. 11-42, DA 15-624 at para. 23 (Wireline Compo Bur. 2015) 8 See generally Wireline Competition Bureau Announces Application Procedures and Deadline/or Applications to Participate in the Broadband Adoption Lifeline Pilot Program, WC Docket No. 11-42, Public Notice, 27 FCC Red 4840 (Wireline Compo Bur. April 30, 2012). 9 See 2015 Lifeline FNPRM & Order at paras. 224-237. 10 See id. at paras. 63-223 (seeking comment on various proposals such as third-party eligibility determination, streamlining ETC designation process, and ways to increase transparency in the program). 2 Page 3-The Honorable Elijah E. Cummings The Commission and its staff appreciate the GAO's analysis and its recommendation. We look forward to continuing to work with the GAO and Congress in our efforts to reform and modernize the Lifeline program. Please let me know if I can be of further assistance. Sincerely ~Tom Wheeler cc: The Honorable John Thune, Chairman Committee on Commerce, Science, and Transportation 3 FEDERAL COMMUN ICATIONS COMM ISSION WASHINGTON OFFICE OF THE CHAIRMAN June 24, 2015 The Honorable Jason Chaffetz Chairman Committee on Oversight and Government Reform U.S. House of Representatives 2157 Rayburn House Office Building Washington, D.C. 20515 Dear Chairman Chaffetz: On April 23, 2015, the Government Accountability Office (GAO) issued a report entitled Telecommunications: FCC Should Evaluate the Efficiency and Effectiveness of the Lifeline Program (GAO- 15-335) ("Report" or "GAO Report"). The GAO Report examined: 1) the extent to which the Commission evaluated Lifeline program effectiveness; 2) reforms the Commission adopted in its 2012 Lifeline Reform Order, including the status of these reforms; 3) implementation of the Low-Income Broadband Pilot Program (Pilot Program); and 4) challenges faced by participants in the Lifeline program. This Report provided important feedback on the Lifeline program, and we have incorporated many ofthe questions raised in the Report in the Lifeline item that we adopted last week. We agree with GAO on the importance of evaluating whether the Lifeline program is achieving its goals.' In the 2015 Lifeline FNPRM & Order adopted by the Commission last week, we took steps that will help us evaluate the effectiveness of the Lifeline program. The Commission sought comment, for example, on ways the program could improve the affordability of voice and broadband as well as increase adoption of those services.' The Commission also sought comment on whether it should consider other measurements that will assist in an ongoing evaluation ofthe program in addition to the measurements established by the Commission in 2012 in the Lifeline Reform Order.' To more specifically address GAO's recommendation, the Commission sought comment on how it can best evaluate the Lifeline program and the extent to which the program has achieved the program goals." The 2015 Lifeline FNPRM & Order also addressed the reforms highlighted by GAO which had not yet been fully realized and the challenges faced by subscribers and providers participating in the Lifeline program. We are pleased that the Commission's previous reforms have taken hold and resulted in a I See Lifeline and Link Up Reform and Modernization et al., WC Docket No. 11-42 et al., Report and Order and Further Notice of Proposed Rulemaking, 27 FCC Red 6656, 6670-77, paras. 24-43 (2012) (Lifeline Reform Order). (adopting as the goals of the program ensuring availability of voice, ensuring availability of broadband, and minimizing the contribution burden on consumers and businesses). 2 See Lifeline and Link Up Reform and Modernization et al., WC Docket No. 11-42 et aI., Second Further Notice of Proposed Rulemaking, Order on Reconsideration, Second Report and Order, and Memorandum Opinion and Order, FCC 15-71, paras. 37-51 (2015 Lifeline FNPRA1 & Order). 3 [do at para. 157. 4 Jd. Page 2-The Honorable Jason Chaffetz sustained, accountable program, but agree with GAO that the Commission's work is not complete. As a result, the Commission took further steps to continue implementation of the four reforms highlighted by the GAO. For example, the Commission has proposed to establish a permanent support amount of $9.25 for the program.' Likewise, to streamline the Lifeline eligibility process and properly align incentives with the goals ofthe program, the Commission sought comment on a variety of options to remove the responsibility of conducting the eligibility determination from the providers." Last month, the Wireline Competition Bureau ("Bureau") released the Low Income Broadband Pilot Program Staff Report, which serves as a reference document to complement the full release of subscriber data collected by providers during the Pilot Program.' The GAO report states that the Commission did not conduct a needs assessment or develop implementation and evaluation plans prior to establishing the Pilot Program. The Bureau did issue a Public Notice setting forth application criteria and procedures for pilot program applications and explained how it would favor pilot projects designed as field experiments, and included detailed surveys that would be completed during the course ofthe pilot." In selecting the pilot projects, Commission staff struck a balance between allowing providers enough flexibility in the design ofthe pilots and ensuring the structure of each project would result in data that would be statistically and economically relevant. In the 2015 Lifeline FNPRM & Order, we sought comment on the data and how the data should inform Commission policy-making as we move forward with modernizing the Lifeline program. Finally, the GAO report notes challenges faced by subscribers enrolling in the program and retaining benefits over time, as well as challenges faced by providers participating in the Lifeline program. For example, many providers were prohibited from retaining copies of the documentation that applicants provide to verify eligibility. The Commission's recent action both permits and requires eligible telecommunications carriers to retain documentation demonstrating subscriber eligibility." Moreover, the Commission proposed a number of additional ways to increase the efficient administration of the Lifeline program and measures to enhance consumer protections and ease of participation in the program for both consumers and providers." We recognize that the Lifeline program must continue to evolve to reflect the realities of the 21 sr Century communications marketplace in a way that ensures both the beneficiaries ofthe program, as well as those who pay into the universal service fund. SId. at paras. 52-3. 6 ld. at paras. 64-91. 7 See Low-Income Broadband Pilot Program Staff Report, WC DocketNo. 11-42, DA 15-624 at para. 23 (Wireline CompoBur. 20 IS) 8 See generally Wireline Competition Bureau Announces Application Procedures and Deadlinefor Applications to Participate in the Broadband Adoption Lifeline Pilot Program, WC DocketNo. 11-42, Public Notice, 27 FCC Red 4840 (Wireline CompoBur. April 30, 2012). 9 See 2015 Lifeline FNPRM & Order at paras. 224-237. !O See id. at paras. 63-223 (seeking comment on various proposals such as third-party eligibility determination, streamliningETC designation process, and ways to increase transparency in the program). 2 Page 3-The Honorable Jason Chaffetz The Commission and its staff appreciate the GAO's analysis and its recommendation. We look forward to continuing to work with the GAO and Congress in our efforts to reform and modernize the Lifeline program. Please let me know if I can be of further assistance. Sincerely~4:L ~~ler cc: The Honorable John Thune, Chairman Committee on Commerce, Science, and Transportation 3 FEDERAL COMMUNICATIONS COMM ISSION WASHINGTON OFFICE OF THE CHAIRMAN June 24,2015 The Honorable Thomas R. Carper Ranking Member Committee on Homeland Security and Governmental Affairs United States Senate 340 Dirksen Senate Office Building Washington, D.C. 20510 Dear Senator Carper: On April 23, 2015, the Government Accountability Office (GAO) issued a report entitled Telecommunications: FCC Should Evaluate the Efficiency and Effectiveness of the Lifeline Program (GAO- 15-335) ("Report" or "GAO Report"). The GAO Report examined: 1) the extent to which the Commission evaluated Lifeline program effectiveness; 2) reforms the Commission adopted in its 2012 Lifeline Reform Order, including the status of these reforms; 3) implementation ofthe Low-Income Broadband Pilot Program (Pilot Program); and 4) challenges faced by participants in the Lifeline program. This Report provided important feedback on the Lifeline program, and we have incorporated many ofthe questions raised in the Report in the Lifeline item that we adopted last week. We agree with GAO on the importance of evaluating whether the Lifeline program is achieving its goals.' In the 2015 Lifeline FNPRM & Order adopted by the Commission last week, we took steps that will help us evaluate the effectiveness of the Lifeline program. The Commission sought comment, for example, on ways the program could improve the affordability of voice and broadband as well as increase adoption of those services.' The Commission also sought comment on whether it should consider other measurements that will assist in an ongoing evaluation of the program in addition to the measurements established by the Commission in 2012 in the Lifeline Reform Order/ To more specifically address GAO's recommendation, the Commission sought comment on how it can best evaluate the Lifeline program and the extent to which the program has achieved the program goals." The 2015 Lifeline FNPRM & Order also addressed the reforms highlighted by GAO which had not yet been fully realized and the challenges faced by subscribers and providers participating in the Lifeline program. We are pleased that the Commission's previous reforms have taken hold and resulted in a I See Lifeline and Link Up Reform and Modernization et al., WC Docket No. 11-42 et al., Report and Order and Further Notice of Proposed Rulemaking, 27 FCC Red 6656,6670-77, paras. 24-43 (2012) (Lifeline Reform Order). (adopting as the goals ofthe program ensuring availability of voice, ensuring availability of broadband, and minimizing the contribution burden on consumers and businesses). 2 See Lifeline and Link Up Reform and Modernization et al., WC Docket No. 11-42 et al., Second Further Notice of Proposed Rulemaking, Order on Reconsideration, Second Report and Order, and Memorandum Opinion and Order, FCC 15-71, paras. 37-51 (2015 Lifeline FNPRM & Order). 3 Id. at para. 157. 41d. Page 2-The Honorable Thomas R. Carper sustained, accountable program, but agree with GAO that the Commission's work is not complete. As a result, the Commission took further steps to continue implementation of the four reforms highlighted by the GAO. For example, the Commission has proposed to establish a permanent support amount of $9.25 for the program' Likewise, to streamline the Lifeline eligibility process and properly align incentives with the goals of the program, the Commission sought comment on a variety of options to remove the responsibility of conducting the eligibility determination from the providers." Last month, the Wireline Competition Bureau ("Bureau") released the Low Income Broadband Pilot Program Staff Report, which serves as a reference document to complement the full release of subscriber data collected by providers during the Pilot Program.' The GAO report states that the Commission did not conduct a needs assessment or develop implementation and evaluation plans prior to establishing the Pilot Program. The Bureau did issue a Public Notice setting forth application criteria and procedures for pilot program applications and explained how it would favor pilot projects designed as field experiments, and included detailed surveys that would be completed during the course of the pilot." In selecting the pilot projects, Commission staff struck a balance between allowing providers enough flexibility in the design of the pilots and ensuring the structure of each project would result in data that would be statistically and economically relevant. In the 2015 Lifeline FNPRM & Order, we sought comment on the data and how the data should inform Commission policy-making as we move forward with modernizing the Lifeline program. Finally, the GAO report notes challenges faced by subscribers enrolling in the program and retaining benefits over time, as well as challenges faced by providers participating in the Lifeline program. For example, many providers were prohibited from retaining copies of the documentation that applicants provide to verify eligibility. The Commission's recent action both permits and requires eligible telecommunications carriers to retain documentation demonstrating subscriber eligibility." Moreover, the Commission proposed a number of additional ways to increase the efficient administration of the Lifeline program and measures to enhance consumer protections and ease of participation in the program for both consumers and providers.'? We recognize that the Lifeline program must continue to evolve to reflect the realities of the 21 sf Century communications marketplace in a way that ensures both the beneficiaries of the program, as well as those who pay into the universal service fund. 51d. at paras. 52-3. 6Id. at paras. 64-9l. 7 See Low-Income Broadband Pilot Program Staff Report, WC Docket No. 11-42, DA 15-624 at para. 23 (Wireline CompoBur. 2015) 8 See generally Wireline Competition Bureau Announces Application Procedures and Deadline for Applications to Participate in the Broadband Adoption Lifeline Pilot Program, WC DocketNo. 11-42, Public Notice, 27 FCC Rcd 4840 (Wireline CompoBur. April 30, 2012). 9 See 2015 Lifeline FNPRM & Order at paras. 224-237. 10 See id. at paras. 63-223 (seeking comment on various proposals such as third-party eligibility determination, streamliningETC designation process, and ways to increase transparency in the program). 2 Page 3-The Honorable Thomas R. Carper The Commission and its staff appreciate the GAO's analysis and its recommendation. We look forward to continuing to work with the GAO and Congress in our efforts to reform and modernize the Lifeline program. Please let me know if I can be of further assistance. AVt4i-- Tom Wheeler cc: The Honorable John Thune, Chairman Committee on Commerce, Science, and Transportation 3 FEDERAL COMMUNICATIONS COMMISSION WASHINGTON OFFICE OF THE CHAIRMAN June 24, 2015 The Honorable Ron Johnson Chairman Committee on Homeland Security and Governmental Affairs United States Senate 340 Dirksen Senate Office Building Washington, D.C. 20510 Dear Chairman Johnson: On April 23, 2015, the Government Accountability Office (GAO) issued a report entitled Telecommunications: FCC Should Evaluate the Efficiency and Effectiveness of the Lifeline Program (GAO- 15-335) ("Report" or "GAO Report"). The GAO Report examined: 1) the extent to which the Commission evaluated Lifeline program effectiveness; 2) reforms the Commission adopted in its 2012 Lifeline Reform Order, including the status of these reforms; 3) implementation ofthe Low-Income Broadband Pilot Program (Pilot Program); and 4) challenges faced by participants in the Lifeline program. This Report provided important feedback on the Lifeline program, and we have incorporated many ofthe questions raised in the Report in the Lifeline item that we adopted last week. We agree with GAO on the importance of evaluating whether the Lifeline program is achieving its goals.' In the 2015 Lifeline FNP RM & Order adopted by the Commission last week, we took steps that will help us evaluate the effectiveness ofthe Lifeline program. The Commission sought comment, for example, on ways the program could improve the affordability of voice and broadband as well as increase adoption of those services? The Commission also sought comment on whether it should consider other measurements that will assist in an ongoing evaluation of the program in addition to the measurements established by the Commission in 2012 in the Lifeline Reform Order.' To more specifically address GAO's recommendation, the Commission sought comment on how it can best evaluate the Lifeline program and the extent to which the program has achieved the program goals." The 2015 Lifeline FNPRM & Order also addressed the reforms highlighted by GAO which had not yet been fully realized and the challenges faced by subscribers and providers participating in the Lifeline program. We are pleased that the Commission's previous reforms have taken hold and resulted in a , See Lifeline and Link Up Reform and Modernization et al., WC Docket No. 11-42 et al., Report and Order and Further Notice of Proposed Rulemaking, 27 FCC Red 6656, 6670-77, paras. 24-43 (2012) (Lifeline Reform Order). (adopting as the goals of the program ensuring availability ofvoice, ensuring availability of broadband, and minimizing the contribution burden on consumers and businesses). 2 See Lifeline and Link LIp Reform and Modernization et al., WC Docket No. I 1-42 et al., Second FurtherNotice of Proposed Rulemaking, Order on Reconsideration, Second Report and Order, and Memorandum Opinion and Order, FCC 15-71, paras. 37-51 (2015 Lifeline FNPRM & Order). 31d. at para. 157. 4Id. Page 2-The Honorable Ron Johnson sustained, accountable program, but agree with GAO that the Commission's work is not complete. As a result, the Commission took further steps to continue implementation ofthe four reforms highlighted by the GAO. For example, the Commission has proposed to establish a permanent support amount of $9.25 for the program.' Likewise, to streamline the Lifeline eligibility process and properly align incentives with the goals of the program, the Commission sought comment on a variety of options to remove the responsibility of conducting the eligibility determination from the providers." Last month, the Wireline Competition Bureau ("Bureau") released the Low Income Broadband Pilot Program Staff Report, which serves as a reference document to complement the full release of subscriber data collected by providers during the Pilot Program.' The GAO report states that the Commission did not conduct a needs assessment or develop implementation and evaluation plans prior to establishing the Pilot Program. The Bureau did issue a Public Notice setting forth application criteria and procedures for pilot program applications and explained how it would favor pilot projects designed as field experiments, and included detailed surveys that would be completed during the course of the pilot." In selecting the pilot projects, Commission staff struck a balance between allowing providers enough flexibility in the design ofthe pilots and ensuring the structure of each project would result in data that would be statistically and economically relevant. In the 2015 Lifeline FNPRM & Order, we sought comment on the data and how the data should inform Commission policy-making as we move forward with modernizing the Lifeline program. Finally, the GAO report notes challenges faced by subscribers enrolling in the program and retaining benefits over time, as well as challenges faced by providers participating in the Lifeline program. For example, many providers were prohibited from retaining copies ofthe documentation that applicants provide to verify eligibility. The Commission's recent action both permits and requires eligible telecommunications carriers to retain documentation demonstrating subscriber eligibility." Moreover, the Commission proposed a number of additional ways to increase the efficient administration of the Lifeline program and measures to enhance consumer protections and ease of participation in the program for both consumers and providers.'? We recognize that the Lifeline program must continue to evolve to reflect the realities of the 2151 Century communications marketplace in a way that ensures both the beneficiaries of the program, as well as those who pay into the universal service fund. 51d. at paras. 52-3. 6 1 d. at paras. 64-91. 7 See Low-Income Broadband Pilot Program Staff Report, WC DocketNo. 11-42, DA 15-624 at para. 23 (Wireline CompoBur. 2015) 8 See generally Wireline Competition Bureau Announces Application Procedures and Deadline/or Applications to Participate in the Broadband Adoption Lifeline Pilot Program, WC Docket No. 11-42,Public Notice, 27 FCC Red 4840 (Wireline CompoBur. April30, 2012). 9 See 2015 Lifeline FNPRM & Order at paras. 224-237. 10 See id. at paras. 63-223 (seeking comment on various proposals such as third-party eligibility determination, streamliningETC designation process, and ways to increase transparency in the program). 2 Page 3-The Honorable Ron Johnson The Commission and its staff appreciate the GAO's analysis and its recommendation. We look forward to continuing to work with the GAO and Congress in our efforts to reform and modernize the Lifeline program. Please let me know if I can be of further assistance. Sincerely/t'f- b:eeler cc: The Honorable John Thune, Chairman Committee on Commerce, Science, and Transportation 3